Monday, December 08, 2008

Perspectives on Natural Law

Last Friday, Archbishop John Nienstedt hosted a second “Marriage Study Day” for the priests and deacons of the Archdiocese of St. Paul and Minneapolis. AndCPCSMwas there! . . . Well, kinda.

Ahead of the study day (the focus of which was announced as “Natural Law Moral Theory”), the leadership of CPCSM wrote to every priest in the archdiocese and shared with them a compilation of “perspectives on natural law.” We did this as we were aware that at the previous Marriage Study Day of August 28 the focus was not on the sacrament of marriage (as announced) but on solidifying opposition to same-gender partnership rights and marriage in civil society.

We were therefore concerned that the presentations on the concept of natural law, scheduled to take place at the second meeting on December 4, would have a similar focus and thus would further discount and malign the lives and relationships of LGBT persons. And even with a focus on heterosexual marriage, we noted in our letter, we were concerned that the lived experience of married couples, on which “natural law” within the context of marriage is supposedly based, would be ignored.

We also shared our opinion that Catholic teaching based on a narrow understanding of natural law is one reason so many ethical Catholics, straight and gay, leave the Church.

In light of these concerns, we shared with the priests of the archdiocese (and Archbishop Nienstedt) a selection of reflections that offer contemporary interpretations of natural law theory and its application to human sexuality – including the issues of homosexuality and contraception. These reflections came from a number of highly respected Catholic scholars – including Jean Porter; Herbert McCabe, OP; Daniel Helminiak; and Garry Wills. We encouraged the priests to draw on these reflections and to question the theological perspectives on natural law presented on December 4, if these perspectives failed to acknowledge or encompass the experiences, insights, and relationships of married men and women, both heterosexual and homosexual.

In the next few weeks I’ll share via The Wild Reed some of the “perspectives on natural law” that CPCSM shared with the priests of the archdiocese. I start today with an excerpt from the late English DominicanHerbert McCabe’s essay, “Manuals and Rule Books,” in Considering Veritatis Spendor (John Wilkins (ed.), Pilgrim Press, 1994, pp 61-68).

______________________________

St. Thomas [Aquinas]developsAristotlein at least two ways. In the first place the biblical doctrine of God as Creator (a Jewish notion not available to Aristotle) enables him to extend the analysis of the good human life from the polis of citizens under the authority of those chosen to rule to the quasi-political community of human creatures under the universal authority of the Creator. (It is hard to find a reasonable basis for “human” rights – as distinct from the rights of citizens in this or that community – without this notion of a Creator with “universal jurisdiction”)

In the second place, St Thomas takes Aristotle’s political notion of philia (amicitia in his language) as his model for the caritas which is the foundation of the community of the human family as, not merely creatures, but children of God. So (in I-II, 88) he distinguishes between, on the one hand, not living the life of the Spirit well, perhaps through neglecting the cultivation of the virtues through prayer (for these firm dispositions are not now simply acquired by education but are the gift of the Holy Spirit), and, on the other hand, acts which are just incompatible with membership of a community sustained and defined by caritas. Those acts which cut at the root of human community thereby cut at the roots of our community in caritas. It would seem, for example that there could be no human community based on friendship in which the killing of the innocent was treated with indifference; and hence such an action is a rejection of solidarity with each other, and thus a departure from the shared divine life which is the gift of the Spirit.

Now the question arises: how are we to identify those acts which are not merely inadequacies in living the life of caritas but actually incompatible with the caritas upon which human community depends? It is a mistake to think that we find the answers to this by looking at a list of wrongdoings and arranging them in order of “gravity”. St. Thomas’s answer is: by the use of our practical reasoning and also by faith in divine revelation; and the deliveries of these two sometimes overlap. In its primary meaning , for him, “natural law” just is our capacity for practical reasoning; reasoning, that is, about what to do, based on the principle “seek good and avoid evil”, just as theoretical reasoning about what to think is based on the principle “seek truth, do not contradict yourself.”

Unlike the sub-linguistic creatures, we have a capacity to make decisions about our own lives, and the exercise of prudentia on our part he sees as a sharing in the exercise of providentia on God’s part. There is, for St Thomas, no built-in code or “voice of conscience”, no innate grasp of moral truths. We are, indeed, born with instinctive tendencies to action but these are the voice, not directly of God but of our animal ancestry; they are to be respected, not as a substitute for, but as a factor to be taken into account in, our rational decision about what to do. Practical reasoning is not thinking about what laws to have but about what, on a particular occasion, to do. (The conclusion of the “practical syllogism” is an action.) Laws prohibiting certain types of action arise through our practical reflection on our thinking; deciding that it does not have to go on any more, because the action (for example, the killing of an innocent person) already calls in question the whole context within which practical thinking takes place, much as treason calls in question the very society in which it operates (it is important that foreigners cannot commit treason).

. . . The encyclical [Veritatis Splendor] (79) speaks of “the commandments, which, according to St. Thomas [I-II 100.1], contain the whole natural law.” This is quite untrue. What St. Thomas proposes in this article is the altogether different teaching that all the moral precepts (of the Old Law) belong to the natural law. For him, the natural law, being nothing but the exercise of practical reasoning, the use of artificial contraceptives, say, or homosexual acts or masturbation or in vitro fertilization, none of which are mentioned in theDecalogue, come within the scope of natural law simply because we can reason practically about them. On the other hand, perhaps in their case, since they are not revealed to us as prohibited, we should be chary of speaking of “mortal sin” in their connection. Moreover it must, surely, remain an open question whether objections to these practices should really be seen as part of the absolute rule book and not rather part of the more flexible manual of instruction intended to guide us as we grow to maturity in the virtue of temperateness.

Hi first off I want to say great post. While blogging this past Tuesday I was googling Natural Law in order to find a picture to go along with my post and it brought me to you. If you have a moment I would be delighted if you would check out my blog. I only have 3 posts so far since I've just started, but I'd love to know what you think being a gay Catholic myself attending a Catholic University in Massachusetts.

I established The Wild Reed in 2006 as a sign of solidarity with all who are dedicated to living lives of integrity – though, in particular, with gay people seeking to be true to both the gift of their sexuality and their Catholic faith. The Wild Reed's original by-line read, "Thoughts and reflections from a progressive, gay, Catholic perspective." As you can see, it reads differently now. This is because my journey has, in many ways, taken me beyond, or perhaps better still, deeper into the realities that the words "progressive," "gay," and "Catholic" seek to describe.

Even though reeds can symbolize frailty, they may also represent the strength found in flexibility. Popular wisdom says that the green reed which bends in the wind is stronger than the mighty oak which breaks in a storm. Tall green reeds are associated with water, fertility, abundance, wealth, and rebirth. The sound of a reed pipe is often considered the voice of a soul pining for God or a lost love.

On September 24, 2012,Michael BaylyofCatholics for Marriage Equality MNwas interviewed by Suzanne Linton of Our World Today about same-sex relationships and why Catholics can vote 'no' on the proposed Minnesota anti-marriage equality amendment.

Readers write . . .

"I believe your blog to be of utmost importance for all people regardless of their orientation. . . . Thank you for your blog and the care and dedication that you give in bringing the TRUTH to everyone."– William

"Michael, if there is ever a moment in your day or in your life when you feel low and despondent and wonder whether what you are doing is anything worthwhile, think of this: thanks to your writing on the internet, a young man miles away is now willing to embrace life completely and use his talents and passions unashamedly to celebrate God and his creation. Any success I face in the future and any lives I touch would have been made possible thanks to you and your honesty and wisdom."– AB

"Since I discovered your blog I have felt so much more encouraged and inspired knowing that I'm not the only gay guy in the Catholic Church trying to balance my Faith and my sexuality. Continue being a beacon of hope and a guide to the future within our Church!"– Phillip

"Your posts about Catholic issues are always informative and well researched, and I especially appreciate your photography and the personal posts about your own experience. I'm very glad I found your blog and that I've had the chance to get to know you."– Crystal

"Thank you for taking the time to create this fantastic blog. It is so inspiring!"– George

"I cannot claim to be an expert on Catholic blogs, but from what I've seen, The Wild Reed ranks among the very best."– Kevin

"Reading your blog leaves me with the consolation of knowing that the words Catholic, gay and progressive are not mutually exclusive.."– Patrick

"I grieve for the Roman institution’s betrayal of God’s invitation to change. I fear that somewhere in the midst of this denial is a great sin that rests on the shoulders of those who lead and those who passively follow. But knowing that there are voices, voices of the prophets out there gives me hope. Please keep up the good work."– Peter

"I ran across your blog the other day looking for something else. I stopped to look at it and then bookmarked it because you have written some excellent articles that I want to read. I find your writing to be insightful and interesting and I'm looking forward to reading more of it. Keep up the good work. We really, really need sane people with a voice these days."– Jane Gael